Project 1:Presentation On Sherman v Community School District 21 (page 130)
Case Summary: feel free to start writing!
Tentative Presentation Outline:
Introduction: feel free to start writing!(Adriana)
History of the Pledge(Sam... I already started with some stuff here for you. Lisa)
The Pledge of Allegiance was written by Francis Bellamy in 1892 and was originally published in a children's periodical to celebrate Columbus Day. The original words have been changed since it was originally printed in "The Youth's Companion" magazine.
The pledge to the United States flag was intented to be a simple fifteen second oath of loyalty to the country.
On October 12, 1892, after President Harrison's proclamation, the Pledge of Allegiance was first used in public schools. The salute which accompanies the Pledge, originally called the Bellamy salute, too closely resembled the Nazi salute, so was changed to the hand over the heart by President Franklin D. Roosevelt. This occurred when the Flag Code was adopted on June 22, 1942.
The actual words to the Pledge were amended four times, with the most controversial change being the addition of the words "under God" in 1954.
Sherman v Community School District 21 (Barry)
The decision of Sherman v. Community School District 21 that a state may not compel any person to recite the pledge of allegiance to the flag was based on:
1. West Virginia State Board of Education v. Barnette which states that no official may “force citizens to confess by word or act their faith therein” as relates to any orthodox matters of opinion.
2. Wooley v. Maynard, which states that a state may not compel any person to display its slogan.
It is generally concluded that states may require school officials to lead the pledge but that students may not be required to participate. The possibility of there not being any school official or teacher who is willing to lead the pledge seems moot. General thinking is that someone will lead it and even if there are some students who do not participate, at least some will.
A corollary to this issue is a pupil who objects to the prescribed curriculum. The school does not have to change the curriculum to satisfy the needs of the student. Instead the student is free to find education elsewhere. To this end there are available an abundance of private schools as well as the possibility of home schooling.
There is a further issue of whether the “under God” clause in the pledge makes the pledge a prayer, which would constitute a violation of the first amendment. The ceremonial use of the word God is widespread in government is not generally thought to be specific to any religion, nor is it thought that that founding fathers felt to be so. The use of expressions such as “In God We Trust”, God save the United States and this Honorable Court” and “One Nation Under God” have become so overused that they are no longer thought to contain any religious meaning.
Significance of Case (Jonathan)
Conclusion (mention Newdow case in conclusion) (Renee)
Works Cited AND Venn Diagram to show during presentation (Lisa and Brian)
Case Summary: feel free to start writing!
Tentative Presentation Outline:
- Introduction: feel free to start writing! (Adriana)
- History of the Pledge (Sam... I already started with some stuff here for you. Lisa)
The Pledge of Allegiance was written by Francis Bellamy in 1892 and was originally published in a children's periodical to celebrate Columbus Day. The original words have been changed since it was originally printed in "The Youth's Companion" magazine.The pledge to the United States flag was intented to be a simple fifteen second oath of loyalty to the country.
On October 12, 1892, after President Harrison's proclamation, the Pledge of Allegiance was first used in public schools. The salute which accompanies the Pledge, originally called the Bellamy salute, too closely resembled the Nazi salute, so was changed to the hand over the heart by President Franklin D. Roosevelt. This occurred when the Flag Code was adopted on June 22, 1942.
The actual words to the Pledge were amended four times, with the most controversial change being the addition of the words "under God" in 1954.
- Sherman v Community School District 21 (Barry)
The decision of Sherman v. Community School District 21 that a state may not compel any person to recite the pledge of allegiance to the flag was based on:1. West Virginia State Board of Education v. Barnette which states that no official may “force citizens to confess by word or act their faith therein” as relates to any orthodox matters of opinion.
2. Wooley v. Maynard, which states that a state may not compel any person to display its slogan.
It is generally concluded that states may require school officials to lead the pledge but that students may not be required to participate. The possibility of there not being any school official or teacher who is willing to lead the pledge seems moot. General thinking is that someone will lead it and even if there are some students who do not participate, at least some will.
A corollary to this issue is a pupil who objects to the prescribed curriculum. The school does not have to change the curriculum to satisfy the needs of the student. Instead the student is free to find education elsewhere. To this end there are available an abundance of private schools as well as the possibility of home schooling.
There is a further issue of whether the “under God” clause in the pledge makes the pledge a prayer, which would constitute a violation of the first amendment. The ceremonial use of the word God is widespread in government is not generally thought to be specific to any religion, nor is it thought that that founding fathers felt to be so. The use of expressions such as “In God We Trust”, God save the United States and this Honorable Court” and “One Nation Under God” have become so overused that they are no longer thought to contain any religious meaning.